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1) Hierarchy of Criminal Courts

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20 views4 pages

1) Hierarchy of Criminal Courts

Uploaded by

Thirumalai
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© © All Rights Reserved
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1)HIERARCHY OF CRIMINAL COURTS:

What are Criminal Courts?


Criminal courts in India are judicial bodies responsible for adjudicating cases related to criminal
offenses and ensuring justice in accordance with the prevailing legal framework. These courts
operate within the structure of the Indian judiciary, which is hierarchical and comprises various
levels of courts.

Hierarchy of Criminal Courts in India:


In India, the hierarchy of criminal courts is structured in a tiered system. Each level has its own
jurisdiction and authority. The highest court in India is the Supreme Court. Each state has a High
Court. Sessions Court, also known as the Court of Session, is a lower court. In metropolitan
areas, Judicial Magistrates of First Class are referred to as Metropolitan Magistrates. Here is the
hierarchy of criminal courts in India. It starts from the higher courts to the lower courts.

Supreme Court:
● The Supreme Court is the apex judicial body in India and the highest court of appeal.
● It has the power of judicial review. This allows it to examine the constitutionality of laws
and governmental actions.
● The Supreme Court hears appeals from lower courts and tribunals. Its decisions are
binding on all other courts in the country.
● It also has the authority to issue writs for the enforcement of fundamental rights.

High Court:
Each state in India has a High Court, which serves as the highest judicial authority within the
state.
● High Courts have original jurisdiction, meaning they can hear cases directly.
– They also have appellate jurisdiction over lower courts within their respective states.
They hear appeals against the judgments and orders of subordinate courts and
tribunals.
● High Courts also possess the power of judicial review. They can issue writs for the
enforcement of fundamental rights within their jurisdiction.

Court of Sessions:
● The Court of Session is set up in every district or group of districts in India.
● A Sessions Judge presides over it. He has the authority to hear criminal cases, including
murder, rape, and dacoity.
● The Court of Sessions conducts trials for these offenses and delivers judgments
accordingly.
● Appeals against the decisions of the Court of Session can be made to the High Court.

Magistrate Courts:
These are the lowest level of criminal courts in India. Judicial Magistrates and Executive
Magistrates preside over it. Magistrate Courts are further divided into two types:
Judicial Magistrate of First Class and in Metropolitan Area
● Judicial Magistrates of the First Class are appointed in every district or group of districts in
India.
– In metropolitan areas, Metropolitan Magistrates exercise similar powers and
functions.
● They have the power to try and dispose of criminal cases that are not exclusively triable by
the Court of Session.
● They conduct trials for less serious offenses. They also have the authority to impose
punishments within their prescribed limits.
● Judicial Magistrates also handle matters that include the following:
– bail applications,
– issuance of search warrants, and
– granting remand orders.

Executive Magistrate:
● Executive Magistrates are appointed by the state government under the Code of Criminal
Procedure.
● They exercise administrative and executive functions, which include the following:
– maintaining law and order,
– issuing prohibitory orders, and
– granting licenses.
● Executive Magistrates do not have the power to conduct trials or pass judgments in
criminal cases.
– They can conduct inquiries into certain offenses. They then submit their reports to
the appropriate judicial authorities.

POWERS REGARDING PASSING SENTENCE:


Section 28:Sentences which High Courts and Sessions Judges may pass.
(1) A High Court may pass any sentence authorised by law.
. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by
law; but any sentence of death passed by any such Judge shall be subject to confirmation
by the High Court.
. An Assistant Sessions Judge may pass any sentence authorised by law except a
sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten
years.

Section:29: Sentences which Magistrates may pass:


1)The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a
sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven
years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term
not exceeding three years, or of fine not exceeding '[ten thousand rupees], or of both.

(3)The Court of Magistrate of the second class may pass a sentence of imprisonment for a term
not exceeding one year, or of fine not exceeding five thousand rupees, or of both.

(4)The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief
Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a
Magistrate of the first class.

Section 30: Sentence of imprisonment in default of fine.


(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine
as is authorised by law:

Provided that the term-


(a)is not in excess of the powers of the Magistrate under section 29;

(b)shall not, where imprisonment has been awarded as part of the substantive sentence,
exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as
punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under section 29.

Section 31: Sentence in cases of conviction of several offences at one trial.


(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the
provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences,
to the several punishments prescribed therefor which such Court is competent to inflict; such
punishments when consisting of imprisonment to commence the one after the expiration of the
other in such order as the Court may direct, unless the Court directs that such punishments shall
run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only
of the aggregate punishment for the several offences being in excess of the punishment which it
is competent to inflict on conviction of a single offence, to send the offender for trial before a
higher Court:
Provided that—
(a)in no case shall such person be sentenced to imprisonment for a longer period than fourteen
years;

(b)the aggregate punishment shall not exceed twice the amount of punishment which the
Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive
sentences passed against him under this section shall be deemed to be a single sentence.

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